Dungan v. State
Alabama Court of Appeals
Appeal from Clarke County Court. Heard before Hon. Thomas W. Davis. John D. Dungan was convicted of defamation, and he appeals.
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Appeal from Clarke County Court. Heard before Hon. Thomas W. Davis. John D. Dungan was convicted of defamation, and he appeals. The affidavit was as follows, omitting the formal charging part: ‘‘Personally appeared T. W. Walker, who, first being duly sworn, deposeth and says that he lias probable cause for believing, and does believe, that within 12 months before the commencement of this prosecution, in said county, John I). Dungan did falsely and maliciously speak of and concerning T. W. Walker, in the presence of J. D. Bedwell and W. E. Estis, charging him with having committed perjury, in…
1Opinion of the CourtPelham, J.
Even had it been the duty of the court to pass upon the demurrers that Avere stricken, the defendant’s rights were not impaired, as the demurrers Avere not well taken and must have been overruled.
The statement of facts set forth in the affidavit are sufficient to apprise the defendant, and from which to determine certainly the offense charged. 'The affidavit charges the defendant with having spoken falsely and maliciously of affiant imputing to him the commission of the offense of perjury, a felony involving moral turpitude.—Code 1907, § 7340; Haley v. State, 63 Ala. 89. The statement in the…
2Cases cited11 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Whatley v. StateSupreme Court of Alabama · 1906
- Wofford v. MeeksSupreme Court of Alabama · 1900
- Carr v. StateSupreme Court of Alabama · 1893
- Iron Age Publishing Co. v. CrudupSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States Steel Corp. v. Elton H. Darby, Defendant-Third Party v. Southern Fabricating Company, Inc., Third PartyCourt of Appeals for the Third Circuit · 1975
- Powell v. StateAlabama Court of Appeals · 1912
- Birmingham Railway, Light & Power Co. v. LongAlabama Court of Appeals · 1912